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ROBBERY IN GENERAL

What are the crimes against property? ... 401

 ART. 293. Who are guilty of robbery... 402

Elements of robbery in general ... . 402

Highway Robbery (PD NO. 332) ... 403

Cattle Rustling (PD NO. 533) ... .... 404

Carnapping (RA NO. 6539) ... .... 404

Qualified carnapping ... ... 404

Robbery and theft compared ... ... 405

Distinctions between Robbery and Theft ... 405

SECTION 1. Robbery with Violence against or Intimidation of Persons……… ... ... 405

 ART. 294. Robbery with violence against or intimidation of persons — Penalties ... ... 405

 Acts Punishable ... ... 406

Crimes under Robbery with violence ... 407

1. Robbery with homicide ... ... 407

2. Robbery with homicide (even if there is Arson or rape) ... 407

3. Robbery with rape ... ... 407

4. Robbery with arson ... ... 407

5. Robbery with intentional mutilation ... 407

6. Robbery with Serious physical injuries ... 408

Robbery with homicide ... ... 408

Treachery can be appreciated only in crimes against persons: not applicable in robbery with homicide ... 408

If the main purpose is to kill and robbery is committed after the killing there will be separate crimes ... 411

When robbery is consummated but homicide is attempted or frustrated, there are two separate crimes ... 411

Robbery with intimidation ... ... 411

Robbery with rape ... ... 412

Two stages of execution in robbery and theft: Attempted and Consummated ... ... 413

 ART. 295. Robbery with physical injuries, committed in an uninhabited place and by a band, or with the use of firearm on a street, road or alley ... ... 414

When robbery with violence or intimidation of persons qualified ... ... 415

Robbery with serious physical injuries ... 415

 ART. 296. Definition of a band and penalty incurred by the members thereof ... ... 415

  Requisites... 416

 ART. 297. Attempted and frustrated robbery committed under certain circumstances ... ... 416

 ART. 298. Execution of deeds by means of violence or intimidation ... 416

Elements ... ... 417

 ART. 299. Robbery in an inhabited house or public building or edifice devoted to worship ... . 417

This article deals with robbery with force upon things committed in ... ... 418

Elements under subdivision (a) ... ... 418

Elements under subdivision (b) ... ... 419

Robbery with force upon things ... .... 419

FIRST MODE: entering a house or building by any of the following means ... 419

Entrance through an opening not intended for entrance or egress ... 419

Entrance by breaking a wall, roof or floor or breaking any door or window ... ... 420

Entrance by using false keys, picklocks or similar tools ... 420

Entrance by using fictitious name or pretending to be a public authority ... ... 420

SECOND MODE: Where there is no force in entering a house or building ... ... 421

 ART. 300. Robbery in an uninhabited place and by a band ... 422

 ART. 301. What is an inhabited house, public building or building, but once inside dedicated to religious worship and their dependencies ... ... 422

What are dependencies? ... ... 423

 ART. 302. Robbery in an uninhabited place or in a private building .. 423

Elements ... ... 424

 ART. 303. Robbery of cereals, fruits, or firewood in an uninhabited place or private building ... ... 425

 ART. 304. Possession of picklocks or similar tools ... 425

Elements ... ... 425

 ART. 305. False keys ... 425

CHAPTER TWO BRIGANDAGE

 ART. 306. Who are brigands – penalty ... ... 426

Elements ... ... 426

Presidential Decree No. 532 ... .... 427

Brigandage ... ... 427

Can a single person commit Brigandage? ... 428

Highway robbery under PD 532 distinguished from ordinary robbery on a highway ... 428

Mere fact that robbery was committed on a Philippine highway does not give rise to highway robbery or brigandage under PD No. 532 ... 428

Robbery with homicide: not highway robbery or brigandage under PD No. 532: was committee on board a passenger  jeepney ... ... 429

 ART. 307. Aiding and abetting band or brigands ... 429

Elements ... ... 429

CHAPTER THREE THEFT

 ART. 308. Who are liable for theft ... .... 431

Who are liable for theft? ... ... 431

When is taking considered complete? ... 432

Finders of lost property ... ... 432

Finder in fact ... ... 432

Finder in law ... ... 433

PD No. 133 (Theft of spare parts or materials) ... 433

PD No. 581 (Highgrading or theft of gold) ... 433

PD No. 1612 (The Anti-Fencing Law) ... 434

PD No. 1612 (The Anti-Fencing Law): Intent to gain is not an element ... ... 435

RA No. 6539 (The Anti-Carnapping Law) ... 435

Qualified carnapping ... ... 435

The crime is carnapping only if only attempted or frustrated homicide/murder is committed in the course of the carnapping ... ... 436

Carnapping not qualified theft (Boundary System) ... 436

What constitutes unlawful taking in carpnapping ... 436

PD No. 533 (The Anti-Cattle Rustling Law of 1974) ... 436

PD No. 705: Illegal Logging ... .... 437

Illegal possession of timber is malum prohibitum ... 437

Illegal logging: two distinct acts – punishable ... 437

 ART. 309. Penalties ... 438

 ART. 310. Qualified theft ... ... 439

When is the crime qualified theft? ... 439

Grave abuse of confidence ... ... 440

Cattle rustling, qualified theft of large cattle or estafa ... 440

Qualified theft is committed if only material possession is transferred ... ... 440

Estafa is committed when both material and juridical possession are transferred ... 441

Carnapping or qualified theft of motor vehicle ... 441

 ART. 311. Theft of the property of the National Library  And National Museum ... 442

CHAPTER FOUR USURPATION

 ART. 312. Occupation of real property or usurpation of real rights in property ... ... 443

 Acts punished ... ... 443

Elements ... 443

PD No. 772 (Anti-Squatting Law) ... 444

 ART. 313. Altering boundaries or landmarks ... 444

Elements ... ... 444

CHAPTER FIVE CULPABLE INSOLVENCY

 ART. 314. Fraudulent insolvency... 445

Elements ... ... 445

CHAPTER SIX SWINDLING AND OTHER DECEITS

 ART. 315. Swindling (estafa) ... ... 446

Elements of Estafa in general ... .... 448

Three Ways of Committing Estafa ... 449

1. Estafa With Abuse of Confidence ( Art. 315, Par. 1[A]) ... 449

2. Estafa By Means Of False Pretenses Or Fraudulent Acts (Art. 315, Par. [2]) ... ... 452

 Violation of BP 22: (The Bouncing Checks Law) ... 454

Batas Pambansa Blg. 22 (Anti-Bouncing Checks Law) ... 454

How it is Violated ... ... 454

When is there Prima Facie Evidence of Knowledge of Insufficient Funds? ... ... 455

Exceptions ... ... 455

Each Act of Drawing and Issuing a Bouncing Check Constitutes a Separate Offense ... 456

The 90-Day Period is not an Element of BP 22 ... 456

 A Person who is neither a Payee nor a Holder of a Bad Check has no Personality to Sue ... 457

Written Notice of Dishonor: Proof of Receipt is Necessary ... 457

Registry Return Receipt Not Proof Enough ... 458

It is not necessary to present the bank’s representative as a witness to testify on the dishonor of the check ... ... 459

Prescription Of BP 22 Cases ... .... 459

 Violation of BP 22 Now Covered By The Rules On Summary Procedure ... ... 460

Effect of Accused’s Failure to Submit Affidavit ... 460

Distinguish Estafa From Violation Of BP 22 ... 460

3. Estafa Through Fraudulent Means (Art. 315, Par. [3]) ... 461

Elements of inducing another by means of deceit, to sign a document ... ... 462

 ART. 316. Other forms of swindling ... .... 462

Other Forms Of Swindling ... . 462

Elements ... 463

 ART. 317. Swindling a minor ... ... 464

Elements ... ... 464

 ART. 318. Other deceits ... ... 464

Acts Punished ... ... 464

CHAPTER SEVEN CHATTEL MORTGAGE

 ART. 319. Removal, sale or pledge of mortgaged property ... 466

Elements of paragraph 1 ... ... 466

Elements of paragraph 2 ... ... 467

CHAPTER EIGHT  ARSON AND OTHER CRIMES INVOLVING DESTRUCTION PRESIDENTIAL DECREE NO. 1613

 ARTICLES 320–326 B Presidential Decree No. 1613, Amended the Law on Arson (75 O.G 3275-3277) (Articles 320-326B, RPC) ... 468

 Arson ... ... 468

Kinds of Arson ... ... 468

Destructive Arson is Burning of ... ... 468

Other Cases Of Arson ... ... 469

Special Aggravating Circumstances in Arson ... 469

 ART. 327. Who are liable for malicious mischief ... 469

Elements ... ... 470

 ART. 328. Special cases of malicious mischief ... 470

 ART. 329. Other mischief ... ... 470

 ART. 330. Damage and construction to means of communication ... 471

Circumstance Qualifying the Offense ... 471

 ART. 331. Destroying or damaging statues, public monuments or paintings ... ... 471

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